Case Digest: Diaz vs. Intermediate Appellate Court, G.R. No.

66574, February 21, 1990

Facts: 1) That Felisa Pamuti Jardin is a niece of Simona Pamuti Vda. de Santero who together
with Felisa's mother Juliana were the only legitimate children of the spouses Felipe Pamuti and
Petronila Asuncion;
2) hat Juliana married Simon Jardin and out of their union were born Felisa Pamuti and
another child who died during infancy;
3) that Simona Pamuti Vda. de Santero is the widow of Pascual Santero and the mother
of Pablo Santero; 4) that Pablo Santero was the only legitimate son of his parents Pascual
Santero and Simona Pamuti Vda. de Santero;
5) that Pascual Santero died in 1970; Pablo Santero in 1973 and Simona Santero in
1976;
6) that Pablo Santero, at the time of his death was survived by his mother Simona
Santero and his six minor natural children to wit: four minor children with Anselma Diaz and two
minor children with Felixberta Pacursa.
Issue: Who are the legal heirs of Simona Pamuti Vda. de Santero — her niece Felisa Pamuti-
Jardin or her grandchildren (the natural children of Pablo Santero)?
Held: Felisa Pamuti-Jardin is the sole heir in this case.
The determining factor is the legitimacy or illegitimacy of the person to be represented. If
the person to be represented is an illegitimate child, then his descendants, whether legitimate or
illegitimate, may represent him; however, if the person to be represented is legitimate, his
illegitimate descendants cannot represent him because the law provides that only his legitimate
descendants may exercise the right of representation by reason of the barrier imposed Article
992.
The record reveals that from the commencement of this case the only parties who
claimed to be the legitimate heirs of the late Simona Pamuti Vda. de Santero are Felisa Pamuti
Jardin and the six minor natural or illegitimate children of Pablo Santero. Since petitioners
herein are barred by the provisions of Article 992, the respondent Intermediate Appellate Court
did not commit any error in holding Felisa Pamuti Jardin to be the sole legitimate heir to the
intestate estate of the late Simona Pamuti Vda. de Santero.